Reformulando la protección de las personas con diversidad funcional a la luz de la distante Convención de Nueva York de 2006

Resumo

Art. 12 of the United Nations Convention of New Yo rk from 2006 on the Rights of persons with disabilities calls fo r the protection of the functionally different person to be personalized and to respect to the maximum extent his/her sphere of autonomy. The impact of the Convention wi thin the Spanish legal order is noticed both by the last decade Supreme court ju dgments and by a good part of the doctrine. The institution of the custody is dem onized disproportionately in order to advocate for partial guardianship as a more flex ible institution of protection that adapts to the needs of the functionally different p erson; in a context where public investment in the social sector, inter-institutiona l connection to manage it in an appropriate manner and procedural tools in the hand s of the judicial authority to grant a customised protection in conformity with th e international texts are wanting.